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State v. Johnston

Court of Appeals of Idaho
May 24, 1985
701 P.2d 277 (Idaho Ct. App. 1985)

Opinion

No. 15711.

May 24, 1985.

APPEAL FROM FOURTH JUDICIAL DISTRICT COURT, ADA COUNTY, ROBERT NEWHOUSE, J.

George M. Parham, Ada County Deputy Public Defender, Boise, for defendant-appellant.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., Boise, for plaintiff-respondent.


Michael Johnston appeals from concurrent indeterminate prison sentences of fifteen years for robbery and three years for grand theft. The sole issue is whether the district court abused its sentencing discretion.

Johnston pled guilty to robbery of a pizza parlor and grand theft of a vehicle. The presentence report showed a prior criminal record of assorted non-violent crimes, including forgery, theft and receiving stolen property. As a juvenile he had been caught dealing in illicit drugs. Having reviewed the full record and having considered the sentence review criteria set forth in State v. Toohill, 103 Idaho 565, 650 P.2d 707 (Ct.App. 1982), we conclude that the district court did not abuse its discretion. The sentences are affirmed.


Summaries of

State v. Johnston

Court of Appeals of Idaho
May 24, 1985
701 P.2d 277 (Idaho Ct. App. 1985)
Case details for

State v. Johnston

Case Details

Full title:STATE of Idaho, Plaintiff-Respondent, v. Michael William JOHNSTON…

Court:Court of Appeals of Idaho

Date published: May 24, 1985

Citations

701 P.2d 277 (Idaho Ct. App. 1985)
108 Idaho 657